No. 23-5198

Richard Potts v. United States

Lower Court: Third Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-justice-reform criminal-sentencing discretionary-authority district-court-discretion fair-sentencing-act first-step-act sentencing sentencing-reduction statutory-interpretation statutory-penalty
Key Terms:
Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Fair Sentencing Act modified the statutory penalty for petitioner's offense, so that petitioner is eligible for a sentence reduction under § 404(b) of the First Step Act?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED First Question _ Whether the Fair Sentencing Act modified the statutory penalty for petitioner's offense, : so that petitioner is eligible for a sentence reduction under § 404(b) of the First Step Act ?. Second Question Whether the part of § 404(c) [Nothing in this Section should be construed to require a court to reduce any sentence pursuant to this section] grants the district court discretionary authority : to retain a sentence that exceed the new : statutory maximum penalty established by the Fair Sentencing Act ?. -ii

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-31
Waiver of right of respondent United States to respond filed.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Richard Potts
Richard Potts — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent